1. Significance of the Gitlow Case (Gitlow v. New York, 1925):
Gitlow v. New York determined that the first amendment applies to the states and that speech may be regulated if
it is considered "fighting words" that will incite violence or if it is considered obscene.
The majority of abortion cases after Roe v. Wade have supported the descision, such as:
Planned Parenthood v. Casey
The Court's descision upheld the constitutional right to have an abortion but lowered the standard for analyzing restrictions of that right. Disputed the Abortion Control Act
3. Ruling in the Korematsu case (Korematsu v. United States, 1944):
Based on the constitutionality of Execeutive Order 9066, voted 6-3 that the order, which put Japanese-Americans into internment camps, was constitutional.
4. Habeas Corpus:
From wikipedia: "a//writ//, or legal action, through which a person can seek//relief//from unlawful//detention//, or the relief of another person. The writ of habeas corpus protects persons from harming themselves, or from being harmed by the judicial system"
The writ of Habeas Corpus allows protection against self-incrimination.
5. Actual rights of the accused specifically mentioned in the Constitution:
The following rights are outlined in the constitution:
Protection against self-incrimination (Habeus Corpus)
The right to a trial by jury
Protection against cruel and unusual punishment
Double Jeopardy clause, which states that a person cannot be tried for the same crime twice if found not guilty.
Protection from illegal search and siezure
The "due process" clause, which protects from speedy trials.
6. Recent rulings (last 25 yrs) on Freedom of Speech:
- Gitlow v. New York determined that the first amendment applies to the states and that speech may be regulated if
- http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=268&invol=652
- http://www.oyez.org/cases/1901-1939/1922/1922_19
2. Rulings related to abortion since Roe:it is considered "fighting words" that will incite violence or if it is considered obscene.
3. Ruling in the Korematsu case (Korematsu v. United States, 1944):
4. Habeas Corpus:
5. Actual rights of the accused specifically mentioned in the Constitution:
6. Recent rulings (last 25 yrs) on Freedom of Speech: